Advisory 24-002: Intoxicating Cannabis Products and Hemp-Derived THC Products
Maryland law limits the sale of intoxicating cannabis and hemp-derived THC products to licensed Maryland Cannabis Administration businesses. This advisory explains prohibited products, THC limits, enforcement actions, and products that may still be sold legally.
What you need to know
- Only MCA cannabis license holders may sell intoxicating cannabis products
- Products over THC limits are prohibited without an MCA license
- Non-naturally occurring cannabinoids are prohibited
- Violations may result in criminal charges and fines
Who this applies to
This advisory applies to:
- Retail stores
- Smoke shops
- Convenience stores
- Tobacco retailers
- Hemp product sellers
- Businesses selling THC or CBD products
What changed
Effective July 1, 2023:
Only MCA cannabis license holders may sell intoxicating cannabis products
ATCC enforces laws involving unlicensed cannabis sales
Unlicensed businesses may not sell products over legal THC limits
What is not allowed
Businesses without an MCA cannabis license may not sell:
Delta-8 THC products
Delta-9 THC products
Delta-10 THC products
Intoxicating hemp-derived THC products
THC beverages
THC edibles over legal limits
Products with non-naturally occurring cannabinoids
Examples of prohibited cannabinoids include:
THC-O
ATHC
THC-X
Delta 8-O
THC limits
Without an MCA cannabis license, products may not contain:
More than 0.5 mg THC per serving
More than 2.5 mg THC per package
What is still allowed
Retailers may still sell:
CBD lotions
CBD balms
CBD salves
Pet CBD products
CBD products with only trace THC amounts within legal limits
Certain hemp-derived tinctures may still be sold if they:
Have a CBD:THC ratio of at least 15:1
Contain no more than 100 mg THC per package
Use approved solvents only
Are sold in containers smaller than 4 ounces
Meet MCA testing and labeling requirements
Enforcement and inspections
ATCC Field Enforcement Division agents may:
Inspect products displayed for sale
Investigate unlicensed cannabis sales
Take enforcement action against violations
Businesses must:
Remove prohibited products from shelves
Stop selling prohibited products immediately
Review inventory for non-compliant products
Important notes
There is no sell-down period for prohibited products. Businesses may not continue selling prohibited inventory after July 1, 2023.
Prohibited products:
Must be removed
May not be sold
May need to be destroyed
Penalties
Violations may result in:
Criminal charges
Misdemeanor violations
Fines up to $5,000 for illegal THC concentration sales
Fines up to $10,000 for products with non-naturally occurring cannabinoids
Need help?
For questions about enforcement or compliance:
ATCC Legal and Legislative Division
Phone: 443-300-6990
Email: [email protected]
To report violations:
Email: [email protected]
For cannabis licensing information:
Contact the Maryland Cannabis Administration
Effective date
This advisory became effective:
July 1, 2023
Updated:
August 24, 2023